A person may legally transport ammunition in his or her car if he or she:
- Is traveling for non-commercial purposes,
- Does not have other firearms in his or her possession,
- Is lawfully in possession of said ammunition.
When something goes wrong, however, failure to hire an attorney who understands both the law and how it works at the practical level could open up a variety of legal risks. If you have been accused of travelling with ammunition in Omaha, you should make sure that you have a lawyer who understands firearms, relevant laws, and how they apply.
When Can I Travel with Ammunition in Omaha?
If an individual can lawfully possess a gun, they can lawfully transport ammunition, so long as it is for non-commercial purposes – meaning they are not a commercial carrier of which there are special rules and qualifications.
If a person went to a gun store and bought a thousand rounds of ammunition to use for a competition, they could put that anywhere in their car and it would not be an issue. However, a problem could arise if the person crosses state lines or has a firearm with them.
Anytime an individual is illegally traveling with ammunition, it will be forfeited. The individual would have to follow the rules of the Firearm Owners Protection Act in order to be protected while traveling with ammunition in Omaha. For example, a person who has a concealed carry permit would not be in violation of their license by carrying ammunition.
In Omaha, an individual can lawfully carry a loaded firearm, whether it be a long gun or a rifle – though we do not typically recommend doing so. The only issue is whether they can lawfully carry it concealed. The ammunition itself does not necessarily create any special or unique circumstances unless one is crossing state lines or they are not allowed to own a firearm. These circumstances would disqualify them from legally possessing ammunition.
What Are the Penalties for Unlawfully Traveling with Ammunition in Omaha?
The penalties for unlawfully traveling with ammunition in Omaha include anything from a misdemeanor to serious felonies under state or federal law. Felony charges may include consequences of up to 10 years in jail and a $100,000 fine.
Our skilled gun lawyers can help mitigate these charges or fight to have them dropped entirely. Firearm crimes are prosecuted vigorously and can be sentenced harshly, so it is wise for anybody who is charged with traveling with ammunition unlawfully in Omaha to obtain qualified legal representation.
Set-Asides and Pardons
Nebraska’s set-aside statute, comparable to an expungement of criminal records, could ultimately help restore a person’s gun rights. In the event of a misdemeanor, a set-aside will restore an individual’s basic civil liberties.
Felons must petition the courts for a pardon. If an individual has been convicted of a felony, they would have to go through the federal pardons process, which is more difficult than the state pardons process.
Generally, obtaining a set-aside in Omaha requires about two to three years of no legal history post-completion of a prior sentence. Individuals seeking a pardon would need about 10 years of clean legal history before they would be considered.
However, it is important to note that an individual would need to request that the pardon specifically states that they have their firearm rights restored. If they do not specify, their firearm rights may not be restored by a pardon.
Ask an Attorney about Traveling with Ammunition in Omaha
Firearms laws can be complicated and difficult to understand without legal guidance. Having an attorney who understands the nuances of state and local firearms law can improve your chances of refuting the charges brought against you. If you have been accused of illegally travelling with ammunition in Omaha, call a lawyer from Berry Law today.